Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for making a claim for ineffective assistance of counsel in a motion for habeas corpus?
MultiRegion, United States of America
What is the test for showing good cause on a motion to impeach a police officer?
California, United States of America
What is a robbery and what is a theft?
California, United States of America
What is the test for determining the credibility of evidence in a sexual assault case?
California, United States of America
Is there a general due process right to oral argument on every motion in the trial court?
California, United States of America
What is the test for determining if a settlement agreement was signed in open court?
California, United States of America
What standard of review is that of reasonableness?
British Columbia, Canada
Are autopsy photographs of a murder victim relevant at trial?
California, United States of America
What is the appropriate table amount for a table amount in a personal injury case?
Nova Scotia, Canada
What is the test for vicariously asserting another's right to be free from unreasonable searches and seizures?
California, United States of America
What is the test for adequate provision in a child's education?
British Columbia, Canada
Is a defendant entitled to credit against his sentence for his time in custody?
California, United States of America
What is the test for reversal of a finding of guilty on one count of sexual assault?
California, United States of America
What is the burden of sustaining a finding of misconduct at the Court of Appeal?
California, United States of America
What is the test for unavailability in the constitutional sense when seeking to compel an out-of-state witness to attend a criminal trial?
California, United States of America
What is the meaning of trial by jury in the common law and in the American Constitution?
MultiRegion, United States of America
Does the doctrine of laches apply in common law?
British Columbia, Canada
What constitutes continuing repudiation of an agreement?
British Columbia, Canada
What is the test for interpretation of a statute or rule?
federal, United States of America
What is the test for making a threat against someone who has committed a crime that will result in death or great bodily injury?
California, United States of America
What is the test for determining the full extent of a victim restitution award in a personal injury case?
California, United States of America
What is the test for determining whether a prosecution is for the "same offense" as another prosecution?
California, United States of America
What is the test for a police officer to invoke the emergency aid exception?
California, United States of America
In what circumstances will a defendant be able to bring a motion alleging that an officer lied about the basis for their arrest?
California, United States of America
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action?
California, United States of America
What are the consequences of a finding of frivolousness in a personal injury case?
MultiRegion, United States of America
What is the test for abuse of discretion when a plaintiff makes a statement in a personal injury claim?
California, United States of America
Does the binding effect language of a contract need to be interpreted in the context of res judicata?
MultiRegion, United States of America
What is the test for accruing substantial evidence in a cause of action?
California, United States of America
Is due process required in a landlord's claim for attorneys' fees?
California, United States of America
What is the burden of proving that a showup procedure is unduly suggestive and subject to suppression?
"New York", United States of America
What is the burden of proof required to prove an ordinance is valid?
"New York", United States of America
Is a Canadian citizen's right to stay in Canada if he meets the proper legal test for residency?
Canada (Federal), Canada
Does a jury instruction misstated an element of the statutory crime?
MultiRegion, United States of America
What is the test for determining professional negligence?
Alberta, Canada
What is the standard for costs of future care in medical malpractice cases?
British Columbia, Canada
How has the Attorney General defined victims' rights under Proposition 8?
California, United States of America
How have the courts interpreted the opinion of a jury in a sexual assault case?
"New York", United States of America
Is a security officer's presence next to a testifying defendant at the witness stand prejudicial?
California, United States of America
What is the test for establishing a single parcel of land?
California, United States of America
What is the test for a CCAA plan of reorganization?
Ontario, Canada
What is the test for habeas corpus relief de novo?
MultiRegion, United States of America
How has the court interpreted the rules of evidence in cases dealing with self-confessed statements made outside of court?
California, United States of America
Does an employer have to be held liable in discrimination for every policy breach committed by its employees?
Ontario, Canada
What factors are considered in determining the severity of a sexual assault?
British Columbia, Canada
Is a call list relevant to establishing typicality?
MultiRegion, United States of America
Is the Bank of California liable for failing to disclose material information to the objectors attorney?
California, United States of America
Can a motion to dismiss a charge of possession of a small amount of marijuana be dismissed on appeal?
California, United States of America
Does the United States have an obligation to surrender fugitives from justice to the other country?
Ontario, Canada
What is the test for obtaining a preservation order for partnership property?
British Columbia, Canada
Does the Speedy Trial Act distinguish between dismissals with and dismissals without prejudice?
MultiRegion, United States of America
Does a motion under Rule 419(1)(a)(a) require a trial judge to consider the sufficiency of a statement of claim to establish a cause of action?
Canada (Federal), Canada
What is the test for a charge of possession of a firearm in a vehicle accident?
California, United States of America
Is there a basis for jurisdiction simpliciter?
British Columbia, Canada
What are the implications of a warrantless search of an individual's home when they were evicted by their landlord?
MultiRegion, United States of America
Is Respondent entitled to damages for emotional distress?
California, United States of America
What is the test for constructive knowledge in the context of liability in a motor vehicle accident case?
MultiRegion, United States of America
What is the test for abuse of discretion in sentencing decisions under Section 3582(c)(2) of the Criminal Code?
MultiRegion, United States of America
What is the test for accepting a guilty plea in a sexual assault case?
California, United States of America
Does a denial of due process under section 1368 of the Criminal Code apply to a defendant's mental health issues?
California, United States of America
Is appellant liable as a result of the Attorney General's argument that appellant acted as an aider and abettor?
California, United States of America
What are the elements of a knowing assistance claim?
Ontario, Canada
Is a claim for damages arising out of a writ of habeas corpus valid?
MultiRegion, United States of America
What is the test for determining probable cause in a motor vehicle accident?
California, United States of America
What is the government's failure to assist the defense by disclosing information material to the defense?
MultiRegion, United States of America
Is there a real and substantial connection between the jurisdiction and the subject matter of the action?
British Columbia, Canada
How have the courts considered a will that states that a testator can make a gift over where the beneficiary dies before actually getting in hand some or all of the gift?
Alberta, Canada
What is the test for establishing that a tortfeasor is an "exquisite rarity" in the context of sexual assault cases?
California, United States of America
In what circumstances will a stay be granted respecting an order of disbarment?
Ontario, Canada
How have the courts interpreted a motion to suppress?
MultiRegion, United States of America
Is a finding in a mixed question of law and fact a "clearly erroneous" standard of review?
MultiRegion, United States of America
Can a plaintiff's comparative negligence be asserted as a defense in a tort action?
California, United States of America
Can an individual change their adopted status?
Nova Scotia, Canada
What is the test for qualified immunity for Fourth Amendment violations?
MultiRegion, United States of America
Is there any case law where a jury found that there was credible and compelling evidence of negligence?
California, United States of America
Does the Court of Appeal have any authority to correct clerical errors in abstracts or abstracts that do not accurately reflect the judgment of the sentencing court?
California, United States of America
In an adverse employment action, how have courts treated the transfer of appellant out of special education classes?
MultiRegion, United States of America
Is a defendant obligated to pay a fee to a plaintiff’s counsel?
British Columbia, Canada
What is the effect of a special instruction in a sexual assault case where the evidence does not "point unerringly to the guilt of the accused"?
California, United States of America
What is the test for a motor vehicle accident claim?
British Columbia, Canada
What is the test for establishing negligence in a motor vehicle accident?
British Columbia, Canada
How have courts interpreted the "third interest" in a search warrant application?
MultiRegion, United States of America
Is an operator of a hotel and commercial complex a professional exercising his or her skill in a specialized or technical area?
Nova Scotia, Canada
What is the legal test for an accessory to a crime?
California, United States of America
What is the effect of the Court of Appeal's decision not to award costs to a defendant who has been found guilty of negligence?
British Columbia, Canada
What is the test for a motion for a new trial for abuse of counsel?
MultiRegion, United States of America
What is the case law on de novo review of legal questions at the Court of Appeal?
MultiRegion, United States of America
Does post-decision information need to be considered relevant to the reasonableness of an administrative decision?
Canada (Federal), Canada
What is the appellate forfeiture rule on a defendant's claim that he lacks the ability to pay any fine or fee imposed at his sentencing?
California, United States of America
What is the test for making a cruel and unusual punishment claim?
California, United States of America
What are the reasons of the trial judge in an action brought by the remaining defendants?
British Columbia, Canada
Does imputation of income for spousal support purposes apply equally?
Ontario, Canada
Does the doctrine of affirmative nondisclosure and concealment in an attorney malpractice action apply to a plaintiff in a civil case?
California, United States of America
What is the current interpretation of an accident policy?
British Columbia, Canada
Is there any case law where a defendant had to accept responsibility for each charge in a criminal case?
MultiRegion, United States of America
What is the test for determining where a central mound is placed between two sections?
Saskatchewan, Canada
What is the test for a motion to disqualify counsel?
California, United States of America
Can a statement made within the van while in transport be inadmissible?
Ontario, Canada
Can a court award attorney fees to the father of a deceased child who lost his child during the pendency of an appeal?
California, United States of America
In what circumstances will the prosecutor or counsel be found to have made improper or improper comments to the jury at trial?
California, United States of America
What is the test for a sole practitioner to be granted relief in a medical malpractice case?
California, United States of America
Is a defendant's appearance in court relevant to his or her credibility?
California, United States of America
What factors must a city consider when determining fair market value for a residential property?
California, United States of America
What are the governing principles on an application to set aside a default judgment?
British Columbia, Canada
What are the principles used in common law in Canada?
Newfoundland and Labrador, Canada
Can a wiretap be ordered where there is probable cause to believe that an individual is committing, or about to commit, a crime?
California, United States of America
What are the implications of a court's decision not to award attorney fees for an abuse of power?
California, United States of America
What is the test for varying access to a child?
Alberta, Canada
What is the meaning of the word "judgement"?
Nova Scotia, Canada
Does a plaintiff have the privilege to represent other inmates as plaintiffs in his personal injury case?
MultiRegion, United States of America
Does an authority to proceed under s. 15 and s. 14(1)(b)(ii) of the Criminal Code apply to a person who has been provisionally arrested, whether detained or released on judicial interim release?
British Columbia, Canada
Is a convicted sex offender required to register as a sex offender for life?
California, United States of America
What is the test for an award of costs under Rule 37B of the Rules of Civil Procedure?
British Columbia, Canada
Does the but for test apply in establishing a material contribution to risk approach in a tort of negligence case?
Ontario, Canada
What is the test for an action by a client against their own attorney?
California, United States of America
What is spousal support for a spouse in a separation proceeding?
British Columbia, Canada
What is the test for unreasonable self-defense?
California, United States of America
What is the test for properly dismissing a lawsuit brought in federal court?
MultiRegion, United States of America
Can a judgment creditor resue thereon or issue a writ of scire facias (that you cause to know)?
Saskatchewan, Canada
What is the one year rule in child support?
Ontario, Canada
If an insurer refuses to provide a defense in a personal injury case, can the insured retain a high-respected law firm?
California, United States of America
Is there any need for immunity under the California Civil Code when there can be no liability for false news reports?
California, United States of America
What analysis is required to determine whether a defendant has a right to prepare a defense unhampered by pretrial detention?
MultiRegion, United States of America
What is the test for determining whether a defendant's financial condition is to be considered a factor in determining punitive damages?
California, United States of America
When can a party assert that a statute is unconstitutional?
California, United States of America
What is the test for an "unreasonable search" under s. 8 of the Charter of Rights?
British Columbia, Canada
What is the test for pre-emption in the context of regulations by the Federal Trade Commission?
California, United States of America
What is the current state of the law on suspicion of perverting the course of justice?
MultiRegion, United States of America
How has the collective bargaining agreement been interpreted by the courts?
MultiRegion, United States of America
What is the test for a not guilty plea in a sexual assault case?
British Columbia, Canada
What is the test for determining whether a plaintiff has met the criteria for an award of attorney fees?
California, United States of America
What is the standard practice of professional professionals submitting fee applications to the court for attorney fees?
MultiRegion, United States of America
Is a plaintiff's claim that he was granted a right to possession by the Court of Appeal for a second unlawful detainer judgment?
California, United States of America
What is the effect of a clause in a personal injury judgment requiring the payment of interest on principal after judgment?
Alberta, Canada
Can a clerk's failure to issue remittitur result in the loss of jurisdiction or void the judgment?
California, United States of America
What is the test for calculating liquidated damages for failure to deliver train carriages?
MultiRegion, United States of America
In what circumstances will the court order the production of statements taken by opposing parties?
British Columbia, Canada
What is the test for determining what is in the best interest of a child?
British Columbia, Canada
Does the doctrine of scienter apply to a horse?
Saskatchewan, Canada
What are the grounds for refusing to enforce a solicitor's undertaking?
British Columbia, Canada
Is a juror's identifying information sealed after the verdict of a criminal case?
California, United States of America
Does the exclusion of an altered pen that was intended to be used as a screwdriver violate a defendant's right to present a defense?
California, United States of America
What is the role of a "unincompetent skilled technician" in engineering?
Canada (Federal), Canada
Can a defendant at trial advance the defence of misrepresentation at trial?
Saskatchewan, Canada
What is the effect of the 2004 Tariff of Fees?
Nova Scotia, Canada
What is the test for multiple convictions under section 654 of the California Criminal Code when one crime is committed within a short period of time but the other is not one crime?
California, United States of America
How have the courts in the Republic of Ireland considered the criteria established in other superior court cases for establishing that spouses are living separate and apart under the same roof?
New Brunswick, Canada
What is the standard of review applied to a defendant's claim that the evidence is insufficient to support his murder conviction?
California, United States of America
Does a defendant have to obtain a certificate of probable cause to challenge a sentence in a criminal case?
California, United States of America
Is there any difference between an informer's privilege and the observation post privilege?
British Columbia, Canada
Does a probation officer have the power to determine where and when a defendant must abide by a condition under a probation order?
MultiRegion, United States of America
Is an order setting aside an entry of default for abuse of power?
MultiRegion, United States of America
What is the test for protection of the accused's security?
Canada (Federal), Canada
What is the entitlement of a spouse who has worked in the family business for more than 20 years?
British Columbia, Canada
What is the test for credibility in a murder case?
California, United States of America
What is the relevant case law in relation to disclosure of allegations against the Correctional Service of Canada?
Canada (Federal), Canada
What is the test for discretion on appeal?
California, United States of America
What is the Miranda Rule and what is the test for police to question a defendant alone?
MultiRegion, United States of America
When a person aids and abets a killing, is the actual killer's mens rea more culpable than that of the aider and abettor?
California, United States of America
Can a defendant refuse an instruction that pinpoints a defense theory of the case?
California, United States of America
What is the effect of the instant search on a minor?
California, United States of America
What is the test for reversal of instructions given to a jury in a personal injury case?
California, United States of America
Does the use of pepper spray and two strikes with a baton have to be justified?
MultiRegion, United States of America
What is the test for damages under the expropriation statute?
Alberta, Canada
What is the test for a motion to sever a defendant's criminal record?
California, United States of America
In what circumstances have the courts allowed the prosecution to argue that the evidence against the accused has not been retested?
California, United States of America
In what circumstances have courts sustained mail cover against first, fourth and ninth amendment challenges?
MultiRegion, United States of America
What constitutes misconduct where the claimant knew or ought to have known that his conduct was such as to impair the performance of his duties owed to his employer?
Canada (Federal), Canada
Can a vendor of land be held responsible for losses resulting from a re-sale?
Alberta, Canada
How has the husband been advised not to be called as a witness and not to testify?
California, United States of America
What is the "air of reality" requirement for obtaining an order from the Court of Appeal?
British Columbia, Canada
Does a motion to dismiss for insufficient evidence need to be specificly directed at the alleged error of a judge's error?
"New York", United States of America
Is a waiver waiver valid if a lawyer is not available within a reasonable time?
Alberta, Canada
What is the test for the doctrine of strict liability for non-natural use of land?
Ontario, Canada
What is the test for a pro se pleading in a civil rights case alleging inadequate medical care at a prison?
MultiRegion, United States of America
What is the evidence supporting the disciplinary action?
MultiRegion, United States of America
What is the test for determining whether a plaintiff has a valid claim?
California, United States of America
Does time run from time running from the alleged contravention of a discrimination notice in May 2015?
British Columbia, Canada
What is the proper disposition for a motion for in camera review of a police officer's file?
California, United States of America
Are attorney fees recoverable in a rescission action where the contract contains an arbitration clause?
MultiRegion, United States of America
How has the court considered the role of the wife in determining who takes on the bulk of the parenting role during an intact relationship?
Ontario, Canada
What is the legal test for aiding and abetting?
California, United States of America
How have courts treated identification issues in medical malpractice cases?
California, United States of America
Is a defendant required to register as a sex offender under section 290.006?
California, United States of America
What is the test for alleging false testimony in a civil case?
MultiRegion, United States of America
Is a defendant's claim that his sentence under the Eighth Amendment is disproportionate to the crime?
California, United States of America
What is the range of support available for a person with a severe mental health condition?
Ontario, Canada
What is the impact of a driver's failure to contradict an officer’s statement?
British Columbia, Canada
What is the test to sustain an Eighth Amendment claim?
MultiRegion, United States of America
Does a jury need to agree unanimously on the act constituting the basis of a guilty verdict?
California, United States of America
What is the test for determining whether a defendant formed a separate intent and objective for each offence for which he was sentenced?
California, United States of America
Does a firefighter have a cause of action against the fire service for negligence?
California, United States of America
Does the Sixth Amendment guarantee an impartial jury in the context of the death penalty apply to death row defendants?
California, United States of America
What is the test for determining that possession of peyote is not for a religious purpose?
California, United States of America
What is the test for remitting back to the court under s. 18 of the Criminal Code?
British Columbia, Canada
What is the test for a motion for review for prejudice?
California, United States of America
What is the test for a person who aids and abetts a crime?
California, United States of America
Is it more difficult for a buyer of stolen goods to establish title to the stolen goods under section 2-403 of the California Vehicle Code?
MultiRegion, United States of America
How have courts interpreted arbitration provisions in employment law?
MultiRegion, United States of America
What is the test for a writ of habeas?
MultiRegion, United States of America
